Sentences with phrase «principled legal basis»

Writing in a Wall Street Journal opinion piece, Acosta said that «we have carefully considered the record in this case, and the requirements of the Administrative Procedure Act, and have found no principled legal basis to change the June 9 date while we seek public input.»

Acosta, in an opinion piece for the Wall Street Journal, which was also shared with Reuters, said there was «no principled legal basis to change the June 9 date while we seek public input.»

Not exact matches

Lawfulness, fairness and transparency Our last blog, on Legal Bases, falls within this principle.

J. Christopher Giancarlo's recent speech at Vanderbilt University Law School underlined «the relevance of a principles - based approach to legal education» that is built into the architecture of decentralized networks of distributed wealth and power.

Book Review: Rethinking Humanitarian Intervention: A Fresh Legal Approach Based on Fundamental Ethical Principles In International Law and World Religions.

Bush extended its legal principles to other programs and created faith - based suboffices in several cabinet departments.

Lepard distinguishes between positivist legal traditions based upon «state - oriented» values (emphasizing state sovereignty) and the more dynamic human rights laws derived from common practices and understandings, including religio - ethical principles.

Rethinking Humanitarian Intervention: A Fresh Legal Approach Based on Fundamental Ethical Principles In International Law and World Religions.

Based in general principles the Turkish «intervention» in Cyprus was legal because it was structured to be by the mastermind behind it, Henry Kissinger.

See for example the 2000 Declaration of the South Summit by the G77 composed of about 130 member States [«We reject the so - called «right» of humanitarian intervention, which has no legal basis in the United Nations Charter or in the general principles of international law».

This is the idea that justices interpret the law, not based on legal principles and precedent, but rather in order to advance some ideology.

Globally, the tide has turned, and ever more prominent statesmen and women are calling for an end to the failed war on drugs and its replacement with models of legal regulation based on science, public health and human rights principles.

It takes logical arguments based on legal principles outlined in the statute, the regulations, and the government's tome on patent law practice to really succeed as a technical specialist or patent agent.

Although academics don't warrant a «class privilege,» she said, academic - participant confidentiality can be awarded on a case - by - case basis, provided it meets the criteria of an existing four - step legal principle, known as the Wigmore test, which balances public interest in maintaining confidentiality against the court's interest in getting at the truth.

These include the preparation of regional reports on the status of civil society (1994); publication and global distribution of Citizens - Strengthening Global Civil Society (1995), the organisation's first world report on the state of civil society; regional consultations of members; two World Assemblies (Mexico City in 1995 and Budapest in 1997) of members and allies; an expanding membership (400 by end of 1997) of organisations and individuals across the world; a growing publications record and groundbreaking work by three special Task Forces in 1996 and 1997 on increasing the understanding and visibility of the sector, the legal principles necessary for the sector's empowerment and enhancing the sector's resource base.

Like many Western countries, South Africa has adopted an urban asylum policy, which is based on the temporary protection of refugees.1 To that end, refugees and asylum - seekers are treated as «temporary residents,» a legal position that implicitly subjects them to restrictive immigration principles, namely exclusivity and self - sufficiency.2 Such treatment is inimical to the purpose and principles of the 1951 Convention relating to the Status of Refugees and the 1969 OAU Convention Governing the Specific Aspects of Refugees in Africa.

Many of these suggestions are based on the principle that a corporation or LLC is a legal entity that is separate from its owners and employees.

I didn't state that there was a different standard for public discourse or private discourse, and I know of no legal principle that excuses defamatory remarks on the basis of how many people received the defamatory communication.

It is therefore my own considered opinion — based upon the above evidence — that neither Anthony Watts (with his personal predilection for censorship) nor the Heartland Institute (with its corporate predilection for legal imposition of censorship) has grasped the significance of the principle «Be First with the Truth» as a tough - yet - essential foundation for all forms of rational skepticism — a skeptical principle that must be embraced without reserve, if it is to be embraced at all.

48 - 52) If there is any doubt that economic self - interest is not compatible with the idea of «equity» it also is an unacceptable basis for establishing national climate change policies because economic self - interest is also inconsistent with well established international legal principles including:

These commitments are based on the legal principle of common but differentiated responsibilities that incorporates a grace period for developing countries and financial and technology transfer support.

(2) a legal justification that appeals to existing treaty commitments and soft law agreements to cooperate on the basis of stated equity principles, and

In this context both sides believe that, while striving for final legal agreement, an agreed outcome at Copenhagen should, based on the principle of common but differentiated responsibilities and respective capabilities, include emission reduction targets of developed countries and nationally appropriate mitigation actions of developing countries.

No critique, no expressed rationale, no intellectual basis, no legal requirement, no principled accounting for the abrupt and cavalier dismissal of the work of a large number of leading scientists.

While Article 12 (b) specifies examples of processing which is not compatible with the Directive, the Court reiterates that these examples are not exhaustive [70] and that processing must also comply with the data quality principles in Article 6 and have a legitimate legal basis pursuant to Article 7 of the Directive [71].

There are several legal research tools that are based on this principle especially for sentencing and personal injury awards.

The basis of the ruling was on two main principles: — There is insufficient proximity between the physician and the potential child, who is not a separate legal entity until it is born — There is a unique relationship between a woman and her potential child, and the law specifically recognizes a woman's complete autonomy over her body

However, in this case, Article 50, as a legal basis, would be virtually unlimited in its material scope, which may raise constitutional questions, in particular as regards the principle of conferral.

Personal injury compensation is calculated using well - established legal principles that involve discounting future losses attributable to the injury to present day values using a discount rate based on «real» (after price inflation) investment returns.

Although the Court of Justice of the European Union (CJEU) long ago characterised the deliberate refusal of a Member State to implement EU law as a «failure in the duty of solidarity» that «strikes at the fundamental basis» of the EU legal order (Case 39/72, para. 25), it has not been clear whether the principle of solidarity among Member States can be enforced in European courts.

In one sense, the Court's autonomy concern is based on a juristic fiction of a perfect legal system that contains no gaps or lacunae in the protective safety - net it offers to its subjects, and the glorified references to the principle of mutual trust and the EU's foundational values sound somewhat empty in light of arbitral practice and in light of the fact that arbitrary exercises of public power continue to take place within the internal market, with EU law having little to offer to the affected investors.

This follows on specifically from the general legal principles which form the basis of EU law, such as the principle of legal certainty and the principle of protection of legitimate expectations».

In my view, even if statutes of limitations periods should be considered as forming part of procedural law, this would not mean that they are exempted from the EU general principle of legal certainty and that they can be modified on a case - by - case basis by courts, arbitrarily, without any clear and generally applicable legislative guidance.

Therefore, if a victim of discrimination took two years to find another job, based on the new human rights principles, a judge could award her two years» wages, and her legal fees, whereas that same individual may previously only have been entitled to a few months» pay.

As Justice Stratas put it to the attendees, should Canada ever be gripped by some form of threat or disorder, leading the government to abridge the civil liberties of many Canadians, do we want the judge deciding the constitutionality of the government's action to be able to turn to a body of constitutional law «based on fundamental principles, consistently applied over decades» — in other words, «settled legal doctrine» — or do we want the judge deciding the issue based upon «her or his own worldview?»

It is based on the legal principle that bars unjust enrichment, where one party unjustly benefits at another's expense.

Knowing that she was a sitting Judge and Justice helps clients to feel confident that her arbitration decisions are objective and based on a solid legal understanding as well as principles of equity and fairness.

Moreover, most step - by - step approaches require the novice researcher to start the information - gathering process in sources that stand literally no chance of being cited in the written document.100 Of course, this instruction is quite understandable to the experienced legal researcher, and it is certainly based on sound principles.101 But the experienced information gatherer can't help wondering, «But if I go directly to cases, might I not find the perfect case right out of the gate?»

A first - year law student who has never had the opportunity to disagree with a professor or to independently form opinions about cultures based on their art, literature, or music will almost certainly struggle to synthesize seemingly inconsistent judicial opinions into a cogent legal principle.

The SCC's decision is based in part on Quebec contract laws that don't apply elsewhere in Canada, but also on general legal principles that do:

The Ontario Court of Appeal has consistently held that the insured is «entitled to a defence... at no cost to them».2 In other words, an insured is «entitled to be made financially whole» for legal costs incurred in securing a defence under the policy.3 This broad principle has not only been used to indemnify insureds for their past defence costs, but also the future defence costs of counsel of their choice, the costs of the coverage application and the costs of any subsequent appeal.4 This principle of full indemnity is based, not in the law of costs, but in the law of contract.

Solicitor - client privilege is a long standing principle that is the basis of our legal system and is protected by the constitution, upheld by the Supreme Court of Canada and that safeguards all communications between a potential or actual client and his or her lawyer.

The flexibility the Court shows with regard to the choice of legal basis stands in contrast to the principled position it defends with regard to the Council's alleged violation of Article 218 (10) TFEU.

Most recently I've seen legal reasoning blunders on limitations law issues, because of misconstruction of precedent, failure to look at the law of other jurisdictions, or lack of awareness of the basis for limitations principles or origins of statutory provisions.

It could be argued that the ECJ had not been able to properly establish the scope of Article 101 TFEU by declaratory judgment, in accordance with the principles of civil law on which the EU legal order is supposedly based, as there was no earlier case in which it could «clarify» this.

As a consequence, the Member States were now ready to acknowledge openness as a legal principle in the Amsterdam Treaty, and to give access to documents a separate treaty base that paved the way for the replacement of the institutions» three internal decisions by a legislative act, Regulation 1049, which was adopted on 30 May 2001.

In her contribution, the author argues that while the EU obsession on the choice of the proper legal basis is far from being a thing of the past, the legislative process in criminal law at EU level needs improvements in other key aspects, namely the application of the ultima ratio and proportionality principles when discussing new legislative proposals.

The duty to make legal services adequately available should be given constitutional status based upon a Canadian Charter of Rights and Freedoms s. 15 «equality rights» argument that recognizes, «legal services at reasonable cost» as a constitutional right, based upon the principle that being middle class, or of «middle income,» and unable to obtain legal services at reasonable cost, is a state of one's condition that is «immutable, or changeable only at unacceptable cost to personal identity,» and to one's ability to invoke constitutional rights and freedoms, and the rule of law.

The Advocate General concludes thus that Article 27 of the Charter can be relied upon in principle in legal proceedings between private parties, or at least not excluded based on Article 51 (1) of the Charter (para 41).

By asking questions about the users» needs, LISA intelligently drafts the document while helping them understand the legal and commercial principles on which it is based.